AMERICAN TELEPHONE AND TELEGRAPH COMPANY v. UNITED STATES

No. 01-5044.

307 F.3d 1374 (2002)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY and Lucent Technologies, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 8, 2002.


Attorney(s) appearing for the Case

C. Stanley Dees, McKenna & Cuneo, L.L.P., of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Michael A. Hopkins. Of counsel on the brief was Thomas R. Suher, Lucent Technologies, Inc., of Greensboro, North Carolina. Of counsel was J. Keith Burt, McKenna & Cuneo.

Bryant G. Snee, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Stuart E. Schiffer, Acting Assistant Attorney General. Of counsel on the brief was James H. Haag, Office of Counsel, Space and Naval Warfare Systems Command, Department of the Navy, of San Diego, California. Of counsel was Jeanne E. Davidson, Attorney, Department of Justice, of Washington, DC.

Before NEWMAN, RADER, and PROST Circuit Judges.


Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

RADER, Circuit Judge.

The United States Court of Federal Claims dismissed the American Telephone & Telegraph Company's (AT & T) suit against the Navy for failure to state a claim. Because the Navy's violation of section 8118 of the Department of Defense (DoD) Act, Pub.L. No. 100-202, section 8118, 101 Stat. 1329, 1329-84 (1987), and alleged...

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